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(영문) 의정부지방법원 2017.05.19 2017노733
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the lower court sentenced the Defendant (or four months of imprisonment) is too unreasonable.

2. The judgment of the Defendant recognized and reflected the instant crime.

There is no history of other criminal punishment except for the defendant who has been punished once by a fine in 190.

Part of the amount of damage caused by the instant fraud was recovered.

On the other hand, the defendant did not reach 16,658,670 won due to the crime of the fraud of this case, and the security right was not exercised by disposing of the secured vehicle, and there was no agreement with the victim until the trial was held.

In light of the above circumstances and circumstances favorable to the defendant, the court below's final sentencing scope based on the basic scope of crimes No. 1 (Fraud) [the scope of recommending punishment] under the sentencing guidelines established by the Sentencing Committee of the Supreme Court, in consideration of the circumstances favorable to the defendant (the scope of recommending punishment] [the scope of recommending punishment from June to January 1] [the scope of obstructing the exercise of rights] under the basic scope of crimes No. 2 (the scope of recommending punishment] (the scope of obstructing the exercise of rights) [the scope of recommending punishment from June to 1] under the basic scope of crimes (the scope of interfering with the exercise of rights] (the special sentencing person] under the basic area (the scope of June to 1 year): The sentence that is lower than the lower court's age from June to 2, and all the sentencing conditions indicated in the records and changes theory of this case, such as the defendant's age, sex, environment, and circumstances after crimes, it cannot be deemed that the sentence of the court below is too unfair.

Therefore, the defendant does not accept the defendant's unfair argument.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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